JUDGMENT

G.S. Sistani, J.(Oral)--Rule DB.

CM No. 32423/2018 in W.P.(C) 10399/2017, CM No. 29349/2018 in W.P.(C) 10428/2017, CM No. 32424/2018 in W.P.(C) 10431/2017, CM No. 32425/2018 in W.P.(C) 416/2018 and CM No. 32426/2018 in W.P.(C) 418/2018 (delay)

The delay of 12 days in filing the rejoinders is condoned.

The applications stand disposed of.

W.P.(C) 10399/2017, W.P.(C) 10428/2017, W.P.(C) 10431/2017, W.P.(C) 416/2018 and W.P.(C) 418/2018

2. All five writ petitions raise a common question which is being decided by this common order. Respective counsels have addressed arguments separately. For the sake of convenience the facts in the case of W.P.(C) 10399/2017 are being noticed. The petitioners seek a writ of mandamus directing the respondents to make appointment (by way of LDCE-2016) to the post of Assistant Sub-Inspector (GD). Prayer is also made for grant of consequential benefits except back wages. Petitioners also seek a writ of certiorari quashing the findings of the Medical Board dated 08.08.2017 and the Medical Review Board dated 07.09.2017 whereby the petitioners have been declared unfit in view of the medical standards as applicable to fresh recruits.

3. Some necessary facts which are required to be noticed for disposal of these writ petitions are that the petitioners joined as Constables/General Duty in Central Industrial Security Force (CISF). The following tabulation discloses the date of medical examination and Review Medical Board Order of each of the petitioners and the reasons for declaring them unfit:

4. The petitioners claim to have an unblemished service record. They applied for the post of Assistant Sub Inspector through Limited Departmental Competitive Examination (LDCE-2016). Petitioners claim that they all have been placed in the Medical Category Shape-I in the Annual Medical Examination till date and have been carrying out their duties as Const/GD to the satisfaction of their superior officers. The petitioners appeared for the written examination on 26.03.2017. Based on their performance they were called for the medical examination on various dates as shown in aforegoing paragraph 3 which was held at the CISF Unit, Special Security Group (SSG), Greater Noida, Uttar Pradesh. By separate orders which we have detailed in aforegoing paragraph 3 the petitioners were declared medically unfit. The petitioner in W.P.(C) 10399/2017 was declared unfit on the ground of right side Hydrocele. All petitioners were granted liberty to apply for examination by a Review Medical Board. The Review Medical Board also declared the petitioners unfit. It is the case of the petitioner - Constable Karan Tamang that, before undertaking the medical examination for the purpose of being selected as an ASI through LDCE 2016, he had undergone a rectificati